The general terms and conditions of sale apply to all contracts of purchase, supplies and other services between Beware of Mainstream (herafter referred to as the "seller") and the customer (referred to as the "client"). The sale ("engagement “) Between
Beware of Mainstream
and the client is exclusively submitted to an regulated by the following conditions and does not take into consideration any prior agreements or arrangements, either verbal or written. The contracts are subject to Austrian substantive law to the exclusion of uniform law on the international sale of goods. The seller’s jurisdiction is the relevant court of law in Vienna, Austria.
2.Order & Contracting
An order and / or a contract between the buyer and the seller is valid after a completed order procedure from the buyer as well as a sent confirmation message from the seller. The confirmation message with all necessary order data will be sent via e-mail generally during one work day. Orders and contracts are legal only with individuals of full age.
3. Right of withdrawal from a contract
The client has the right of withdrawal within 14 working days after she / he received the goods without giving reasons. This right of withdrawal only applies to the consumers on the ground of consumer protection law and does not apply to businesses. The ware which returned in this way must be returned complete and in their original packaging. In case the product's value has diminished as a result of the client, he / she must bear the compensation costs. The costs applicable to the return of products must be borne by the client. Saturday does not count as a working day in context to the right of withdraw from a contract. The time limit of 14 working days starts upon receipt of the order at the client. The right of withdrawal from a contract is ensured with the timely posting of the written cancellation by mail or email or of the product to the seller.
The cancellation is to be addressed to:
Beware of Mainstream
4. Price and Delivery
Sales price includes value added tax (Austrian VAT).
Products in stock will be delivered immediately after receiving the prepayment on the account of the seller. Products not in stock will be delivered after receiving of the prepayments and receiving of the products from the manufacturer. Therefore delivery period information is without obligation.
Supplies are uninsured and the buyer bears the full risk. Cost of Insurance of supplies are dependent on size and weight of the delivered goods and will be added to the original price. A written application for additional insurance is necessary in order to fulfill the legal terms.
5. Payments and reservation of proprietary rights
We accepted payments via the paypal system.
In case of delivery of an incomplete or defective product the cost of delivery shall be borne by the seller. The client is entitled to the replacement of the incomplete or defect product or to another product of equivalent value. A cash refund will only be made in case of mis-delivery on part of the seller and if the product cannot be replaced by another article of equivalent value.
Opposite to business establishments the seller is liable for deliberate intention and gross negligence, but not for slight negligence. Compared to the buyer the seller is not even liable for slight negligence, as long it is not damage to a person. Any liability, exept the liability for deliberate intention, is limited to the purchasing price. It is fact that the seller is a distributor. The seller assures that the products are according to the specification of the placed order of the buyer. There is no liability for slight deviations in color, styles, sizes, finish or packaging.
In other respects, statutory provisions are in force. The seller is not liable for damage concerning the products and especially not liable for lost profit of the buyer.
9. Severability clause
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.